the directors shall deem the same requisite for the payment of losses by fire, and such incidental expenses as shall be necessary for transacting the business of said company, and at the expiration of the term of insurance, the said note, or such part of the same as shall remain unpaid after deducting all losses and expenses occurring during said term, shall be relinquished and given up to the maker thereof, and it shall be lawful for said corporation to loan such portion of their money on hand as may not be immediately wanted for the purpose of said corporation, to be secured by mortgage or judgment, creating a lien for the same upon real estate, of sufficient value, beyond other incumbrances, to render the same perfectly secure, or upon other good and sufficient securities.

SECTION 55. When any property insured with this incor- Alienation of poration shall be aliened by sale, or otherwise, the policy the property shall therefore be void, and shall be surrendered to the to make void directors, to be cancelled, and upon such surrender, the the policy. insured shall be entitled to receive his deposite note, upon payment of his proportion of losses and expenses accrued prior to such surrender, but the alienee or grantee having the policy assigned to him, may have the same ratified and confirmed to him, for his own proper use and benefit, upon application to the directors, and with their consent, within Alienee may twenty days next after such alienation, on giving proper have the polisecurity, to the satisfaction of said directors, for such por- cy confirmed tion of the deposite or premium note as shall remain unpaid, to him. and by virtue from the time of such ratification, the party causing such security to be given, shall be entitled to all the rights and privileges, and be subject to all the liabilities to which the original party to whom the policy was issued was entitled and subjected under this act.

bound.

SECTION 56. Every member of said company shall be Every membound to pay for losses, and such necessary expenses afore-ber of the co, said, accruing in and to said company, in proportion to the amount of his deposite note, and all buildings insured by said company, together with the right, title and interest of the aforesaid to the lands on which they stand, shall be, and are hereby pledged to said company, and said company shall have a lien thereon, in nature of a mortgage, to the Lien amount of his deposite note, which shall continue during the existence of his policy, the lien to take effect from the time when the company shall file in the office for recording of deeds and mortgages in and for Warren county, a memorandum of the name of the person ensured, together with a description of the property ensured, the amount of the deposite note, and the term for which the policy shall continue.

Suits at law.

Loss & dam.

SECTION 57. Suits at law may be maintained by said incorporation against any of its members, for the collection of said notes, or any assignment thereon, or for any other cause relating to the business of said corporation; also, suits may be prosecuted and maintained by any member against said corporation, for losses and damage by fire, if payment be withheld or refused more than three months after the company are duly notified of such losses, and no member of the company not being in his individual capacity a party to such suit or suits, shall be incompetent as a witness therein on account of being a member of the company.

SECTION 58. The directors shall, after ascertaining the age to be set-amount of loss or damage by fire sustained by any of its tled and paid members, settle and determine the amount to be paid by

each member as their respective shares of such loss or damage, and publish the same, in such manner as they by their by-laws may prescribe, and the members shall pay the same to the treasurer of the company, within thirty days after the publication of said notice, and if any member shall for the space of thirty days after the publication of said notice, neglect or refuse to pay the sum assessed upon him as his proportion of any loss as aforesaid, in such case, said company may sue for and recover the whole amount of his deposite note or notes, with costs of suit, and the amount thus collected, shall remain in the treasury of said company, subject to the payment of such losses and expenses as have, or may thereafter accrue, and the balance, if any remain, shall be returned to the party from whom it was collected, on demand, after thirty days after the expiration of the term of his insurance.

SECTION 59. If the whole amount of deposite notes should be insufficient to pay the loss occasioned by any fire or fires, Mode of ma-in such case the sufferers insured by said company, shall king good all receive towards making good their respective losses, a prolosses. portionate dividend of the whole amount of said notes, according to the sums by them respectively insured, and in addition thereto, a sum to be assessed on all the members of said company, on the same principles as regulated their deposite notes, but not exceeding one per cent. on the amounts by them respectively insured, and no member shall ever be required to pay for any loss occasioned by fire, at any one time, more than one per cent. on the amount he has insured in said company, in addition to the amount of his deposite note, no more than that amount for any such loss which may accrue after his said note shall have been paid in and expended, but any member upon payment of the whole of his deposite note, and surrendering his policy before any

subsequent loss or expense has occurred, may be discharged

from said company.

SECTION 60. The office for the transaction of business

of said corporation shall be kept at such place in the borough Office to be of Warren as the directors shall agree upon, and no policy kept in Warshall be issued by said company, until application shall be ren.

made for insurance for forty thousand dollars at least.

SECTION 61. This act shall take effect immediately after

its passage.

LEWIS DEWART,

Speaker of the House of Representatives.

J. R. BURDEN,

Speaker of the Senate.

APPROVED-The fourth day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

No. 109.

An Act

To alter the times of holding Courts in the county of Tioga, and for other purposes.

several courts in Tioga co.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the last day of July, in the year of our Lord, one thousand eight hundred and thirtyseven, the several courts of Common Pleas, Oyer and Ter- Times of miner, General Quarter Sessions of the peace, and the Or. holding the phans' Court, to be held in and for the county of Tioga, shall respectively commence and be held on the second Monday in June, the third Monday in October, the second Monday in January, and the second Monday in March, in each year, and so much of any law fixing the times of holding said courts, as is hereby altered or supplied, be, and the same is hereby repealed: That from and after the next May term Times and of the court of Common Pleas of Monroe county, the several place of holdcourts of the said county shall commence and be holden at the ing the sever court house in Stroudsburg, on the Mondays of the next Monroe co. week following the courts in Pike county, and continue, if necessary, one week: Provided, That the several courts of Proviso.

al courts in

court of Q.

Sessions of
Philad, co,

Common Pleas, Oyer and Terminer, and Quarter Sessions, of said county, may, by a general or special order, direct and fix the number of petit jurors to be summoned and returned in the said courts, which number shall never be less than thirty.

SECTION 2. The court of General Quarter Sessions of the Peace of the county of Philadelphia, or either of the judges Power of the thereof, shall have as full power and authority to allow and issue writs of habeas corpus as they now have as judges of the court of Common Pleas, and that the said court of Quarter Sessions shall have full power and authority to issue process on all forfeited recognizances whatsoever, now or hereafter forfeited in said court, and in the court of Oyer and Terminer, holden by the judges of the said court of Quarter Sessions, now or hereafter forfeited in the said courts, and to prosecute the same to final judgment and recovery, and to moderate or remit the same, as effectually as the several courts of Common Pleas of this commonwealth now may or can do, and that the fees for services rendered by the clerk of the said court of Quarter Sessions, shall be the same as prescribed for prothonotaries of the courts of Common Pleas for like services.

Fees

June, 1836, relative to

commence

SECTION 3. In all writs of summons issued by virtue of the act relating to the commencement of actions, passed the Act of 13th thirteenth June, eighteen hundred and thirty-six, the blank left for the cause of action, in the form prescribed in the first section of that act, shall be filled as directed for the ment of ac- corresponding part of writs of capias ad respondendum, in the third section of said act, and that all writs of summons issued since the passage of the said act, in the form previously thereto used, shall not be held or deemed defective for want of form according to said writ.

tions.

Fees of court

SECTION 4. It shall be the duty of the sheriff and the criers in Phil. several prothonotaries of the different courts in the city and city and co. county of Philadelphia, to pay over to the criers of the said courts respectively, the sum of twelve and a half cents on every bill of costs, where the said charge for the criers of the court has been, or shall hereafter be collected and received by the said sheriff or prothonotaries, which said fee of twelve and a half cents, is hereby confirmed and appropriated to the said criers in every case as aforesaid.

SECTION 5. From and after the passage of this act, it Orphans' c't shall be lawful, and the Orphans' court of the county of of Phil. co. Philadelphia may, on the application of any executor, advestment of ministrator, guardian or trustee, desiring the investment of trust moneys any trust moneys in their hands, direct the investment of the same in the public debt of the district of Southwark, in

the county of Philadelphia, in the same mode, to the same extent, and upon the same terms and conditions as are set forth in the sixteenth section of an act passed the twentyninth day of March, Anno Domini, one thousand eight hundred and thirty-two, directing the investment of trust money's.

SECTION 6. The court of Quarter Sessions of the county of Court of Q. Sessions of Philadelphia be hereby authorized and empowered to grant a Philad. co. to jury quod damnum, in the matter of the opening of Wash- grant a jury ington street, in the district of Southwark, through the in the matter estate of Joshua Humphrey's, and that said jury shall of opening have full power to take cognizance of the matter, as if no Washington former action had taken place thereon, and shall report to street. the said court what damage the said Joshua may have suffered in the opening of the street aforesaid.

SECTION 7. The citizens of the borough of Brookville, ir Citizens of the county of Jefferson, be, and they are hereby authorized Brookville, Jefferson co. to meet at the usual place of holding borough elections, on authorized to the first Monday of January, in the year one thousand eight elect school hundred and thirty-seven, and afterwards annually, at the directors, etc. time of holding their borough elections, and elect six school directors, in the manner provided for the election of school directors by law.

trict.

SECTION 8. And that all moneys now in the treasury of Rose town'p. Rose township school district, assessed on the citizens of school dis the borough aforesaid, or that yet remains for school purposes, so assessed as aforesaid, shall be paid to the use and for the support of schools in said borough, that now are, or that may be hereafter organized under the provisions of the act aforesaid.

SECTION 9. That the bonus required to be paid by the Honesdale Honesdale bank to this commonwealth, be, and the same is Bank bonus. hereby made payable in seven instalments, of seven hundred and fourteen dollars twenty-eight cents each, payable on the third Monday in December annually, and that so much of the act passed the twenty-fifth day of March, Anno Domini, eighteen hundred and twenty-four, as provides that no person shall be eligible as a director for more than three years out of four, be, and the same is hereby repealed, so far as relates to this bank.

Relative to

SECTION 10. In all cases in which on or before the first September last, judgments had been rendered against any judgments party, plaintiff or defendant, in any suit, action, entry, or rendered in confession of judgment, in the courts of Common Pleas, of Northampton the counties of Northampton or Pike, and the party against against parwhom such judgment was rendered or entered, resided or ties in Monresides within the county of Monroe, the lien of the said roe county.

& Pike co's,